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GHIGNONI v. ITALY

Doc ref: 28594/95 • ECHR ID: 001-3860

Document date: September 10, 1997

Inbound citations: 2
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Cited paragraphs: 0
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Outbound citations: 0

GHIGNONI v. ITALY

Doc ref: 28594/95 • ECHR ID: 001-3860

Document date: September 10, 1997

Cited paragraphs only

AS TO THE ADMISSIBILITY OF

Application No. 28594/95

by Eugenio GHIGNONI

against Italy

The European Commission of Human Rights (First Chamber) sitting

in private on 10 September 1997, the following members being present:

Mrs. J. LIDDY, President

MM. M.P. PELLONPÄÄ

E. BUSUTTIL

A. WEITZEL

C.L. ROZAKIS

L. LOUCAIDES

B. MARXER

B. CONFORTI

N. BRATZA

I. BÉKÉS

G. RESS

A. PERENIC

C. BÎRSAN

K. HERNDL

Mrs. M. HION

Mr. R. NICOLINI

Mrs. M.F. BUQUICCHIO, Secretary to the Chamber

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 18 May 1995 by

Eugenio GHIGNONI against Italy and registered on 19 September 1995

under file No. 28594/95;

Having regard to

- the report provided for in Rule 47 of the Rules of Procedure of

the Commission;

- the observations submitted by the respondent Government on

20 January 1997 and the observations in reply submitted by the

applicant on 14 March 1997;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is an Italian national born in 1957 and currently

residing in Rome.

The facts of the case, as submitted by the parties, may be

summarised as follows.

In pursuance of a warrant of arrest issued on 26 July 1982 by the

Rome Investigating Judge against 213 persons, the applicant was

arrested on 8 August 1982 while crossing the border from France to

Italy, under suspicion of belonging to the criminal association known

as "Brigate Rosse".

The applicant was interrogated twice in the absence of his

lawyers and availed himself of the faculty not to answer; on 24 August

1982 he requested to be interrogated once again after speaking to his

lawyers. The examination was held on 22 September 1982.

In the meantime, on 28 August 1982 two identification parades

were carried out; however, these were later declared null and void.

The applicant was held in custody in isolation until 12 April

1983 in Rome; he was then transferred to Trani prison.

On 13 August 1984 the applicant was committed for trial before

the Rome Court of Assizes on charges, inter alia, of belonging to the

Brigate Rosse, murder of a police officer and kidnapping.

The first hearing took place on 16 June 1986; the applicant was

transferred to Palmi prison and, on the occasion of hearings, to Rome.

On 26 June 1986 the applicant was released, the time-limits for

detention on remand having expired.

By judgment of 12 October 1988, filed with the Registry on 6 June

1989, the applicant was convicted of all charges and sentenced to life

imprisonment as well as to thirty years' imprisonment.

The applicant lodged an appeal against this judgment before the

Rome Appellate Court of Assizes; the latter, by judgment of 6 March

1992 acquitted the applicant of the charge of murder, confirmed his

conviction of the other charges and sentenced him to seventeen years'

imprisonment.

The applicant lodged an appeal on points of law; by judgment of

10 May 1993, filed with the Registry on 11 December 1993, the Court of

Cassation quashed the Appellate Court of Assizes' judgment and referred

the case back before another section of the Rome Appellate Court of

Assizes.

The first hearing before the latter was held on 6 July 1994;

another hearing was held on 17 November 1994.

By judgment delivered on 24 November 1994 and filed with the

Registry on 19 January 1995, the applicant was acquitted of all

charges. The judgment has become final on 28 November 1994.COMPLAINT

The applicant alleges that the length of the criminal proceedings

instituted against him on charges of belonging to the "Brigate Rosse",

murder and kidnapping exceeded the "reasonable time" referred to in

Article 6 para. 1 of the Convention.

PROCEEDINGS BEFORE THE COMMISSION

The application was introduced on 18 May 1995 and registered on

19 September 1995.

On 16 October 1996 the Commission decided to communicate the

application to the respondent Government, pursuant to Rule 48

para. 2 (b) of the Rules of Procedure.

The Government's written observations were submitted on

20 January 1997. The applicant replied on 14 March 1997.

THE LAW

The applicant complains about the length of the criminal

proceedings instituted against him. He invokes Article 6 para. 1

(Art. 6-1) of the Convention, according to which:

"In the determination of ... any criminal charge against

him, everybody is entitled to a ... hearing within a

reasonable time ...".

The Commission notes that proceedings started on 8 August 1982

when the applicant was arrested (see Eur. Court HR, Messina c. Italia

judgment of 26 February 1993, p. 103, para. 25), and ended on

28 November 1994, when the applicant's acquittal became final. The

overall length is thus twelve years, three months and twenty days for

four degrees of jurisdiction.

The Government argue that the delays in the proceedings are

mainly due to the complexity of the procedure, the number of co-accused

and the joinder of several proceedings. They also point out that there

were no periods of total inactivity during the investigations. The

Government maintain that in the present case the overall duration of

the proceedings cannot be regarded as being unreasonable.

The applicant contends that the excessive length is due to the

conduct of the judicial authorities, namely to their decision to join

several proceedings.

The Commission considers, in the light of the criteria

established by the case-law of the Convention organs on the question

of "reasonable time", and having regard to all the information in its

possession, that an examination of the merits of the complaint is

required.

For these reasons, the Commission, unanimously,

DECLARES THE APPLICATION ADMISSIBLE, without prejudging the

merits of the case.

M.F. BUQUICCHIO J. LIDDY

Secretary President

to the First Chamber of the First Chamber

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